>>welcome back our top story tonight at 5.30. the department of homeland security announced today. it will now hold migrant children for indefinite periods of time ignoring a federal court agreement and the secretary of homeland security said the change we'll keep families together but some democratic lawmakers color rule change. >>an american and illegal whitney wild is in washington with the very latest. >>a new fight is unfolding here in washington this time over immigration and children the trump administration is taking direct aim at a decades old rules meant to keep mirrant children out of months long immigration detention. >>critics call them cruel act of president trump calls the necessary for being very strong of the border, the department of homeland security announced new rules wednesday that put migrant children in the middle of the debate over how to stop the flow of immigrants at the southern border, new rule will restore integrity of our immigration system and eliminate the major pull

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factor fueling the crisis the administration hopes to withdraw from what's known as the flores agreement which requires us officials to remove migrant children from non licensed facilities within 20 days. after that children are supposed to go to their parents other family or license programs. new rules could take effect as soon as late october and would require children to stay with parents in licensed facilities or in ice facilities that meet certain standards while parents await hearings that can allow us to bring families and finish immigration proceedings as one of the multi-layered strategy. >>critics say the new rules amount to indefinite detention for children as immigration and asylum hearings could last several months an american civil liberties union statement called it an attack on the most vulnerable. the government should not be jailing kids and certainly shouldn't be seeking to put more kids in jail for longer. >>even the head. >>and dhs right now says that he expects this will face significant legal challenges last summer the department of justice brought a similar quest in front of a federal judge that request was denied

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in washington, i'm whitney wild. >>tonight 5.30 kron four's always tracking local stories, here's a look at what's going on in your neighborhood right now certainties bay tonight where a boy has been arrested for setting a playground on fire in alameda happened last month add woodstock park on cypress street. see the damage the fire destroyed the playground and a replacement cost is more than $200,000 investigatoridentified the suspect after watching surveillance video and interviewing witnesses. police arrested him today his name and age have not been released. police in concord arrested a burglary suspect who they say was walking around downtown carrying a samurai sword in the picture here you can see the officer holding it. this happened yesterday near toto santos plaza police say the man is accused of stealing it from a nonprofit officers later found him in the area with the sword and stolen items and they say that's where they arrested him as san francisco business owner says his 13 year-old son saved him from an attack.

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>>by a homeless man, the owner of exo extra falls on columbus street says that the man walked into a store and started harassing customers when he forced the man out of the shop the attacker. he says began choking him, his 13 year-old son then grabbed a bat and threatened to hit them and the attacker took off. but later returned to the shop and that's when he was arrested by police the man faces charges of assault, making threats and false imprisonment. police in santa cruz are looking for a man who they say assaulted a 13 year-old girl, this is a sketch of the suspect it happened yesterday afternoon as the girl was walking home from san lorenzo middle school. police say the girl was walking down a dirt trail tora mom's house when a man approached her they say he grabbed her arm and backpack, but that little girl was able to for fight him off and run away. police believe the man might be homeless. he was last seen running toward. middle the middle school police have increased security around the

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school. >>well temperatures heating up around the bay area it's a yesterday we had some 80's today, we're up in the 90's in the hot spots in the mostly clear skies you can just see marine layer trying to form. >>but not a whole lot we've in at some sunshine up toward the coastline and the winds. they've been with it not 2030 miles an hour air quality going to start suffer little bit tomorrow as high pressure builds overhead that's to start wrapping some of the pollutants down below so you have moderate amounts of pollutants in the east bay and also the south bay still pretty good air quality in the north bay and along the coast. all right this work its history watch what happens in the low clouds and the fog mahler's trying to get a grip on this have doing a great job last couple of days. i think by tomorrow start to get the right you see the trend. the more of a northerly component the wind that is going to sweep away low clouds and fog that's kind of where we sit as we head in toward lot of part of the week as well not much in the way of fog a whole lot of sunshine high pressure overhead and the temperatures going to be on the hot side. as you make a way to san francisco, warm 74 degrees in the mission 71 downtown san francisco along the coastline will keep it mainly in the 60's very mild for this time

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of year inside the bay were up in the 70's in the millbrae and burlingame 73 in san bruno about 83 degrees in redwood city 81 and warm and palau to 84 amount the south bay. well into the 80's almost 90 degrees in cupertino in morgan hill about 82 in santa clara 86 degrees in campbell east bay that's where we'll see those hot temperatures again this is where it's going to be pretty persistent. i not only for tomorrow probably through the weekend and maybe all the way into the middle of next week we're looking temperatures hanging out in the 90's say inland you'll see a variety, a probably a little bit warmer over the weekend the probably some low 90's by about wednesday, but still on the hot side 95 degrees in walnut creek, 95 also conquered about 77 tomorrow in oakland 80 in richmond about 85 degrees and below 88 in benicia 86 degrees in the napa valley. you see warm temperatures i even along the coastline tomorrow may be about $0.73 a beach and hot 93 in santa rosa. >>all right lawrence walmart is suing tesla over roof top

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solar panels that reportedly caught fire at several stores in a complaint walmart accused tesla of negligence after its solar panels allegedly ignited fires on the roofs of 7. wal-mart stores walmart has installed solar panels on the more than 240 stores across the country. and now the company wants tesla to pay for the damage from these fires and removed the systems tesla could not be immediately reached for comment. toyota is recalling one of its poar suvs due to a safety concern the carmaker says certain rab foreign route for hybrids have backup cameras that can malfunction. you know always engage when the cars are in reverse and that could lead to a a crash hazard of drivers are checking their surroundings. toyota is notifying affected owners. the company will replace the faulty cameras at no charge. >>california is gearing up for the 2020 census state lawmakers are concerned they say about how and under count could affect california for the next decade. kron four's capitol bureau reporter ashley zavala explains what steps the

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state is taking. >>focusing on those who will be hardest account. california, lawmakers held a hearing wednesday on the 2020 census and the consequences that census we will have to live with for the next decade secretary of state alex by told lawmakers he has a number of concerns that could lead to an undercount including under staffing at the us census bureau low confidence in the federal government and cyber security concerns with the first ever digital census, the level of federal funding that at stake. if there is an under county california is spending million on outreach efforts a chunk of that is going toward a media campaign set to launch at the end of september experts explained the message that should be included in the campaign not just. >>educating people on what is a sense as much on bridging those fears of participation trust in government that are essential to success. >>by is juggling both the census and upcoming primary election in march he says he expects a record number of voter registrations and

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election turnout people can chattel that awareness and energy and engagement and make sure that we apply to the census officials say the first invitations to complete the census online will start going out march th, reporting in sacramento, ashley zavala kron 4 news coming up agencies are trying to make our roads safer. >>the new campaign aimed at impaired driving and why california is being targeted. >>and an interesting arrests officers found a man trying to fix his flat tires with bad flat tires with bad days. at at&t we believe in access. the opportunity for everyone to explore a digital world. connecting with the things that matter most. and because nothing keeps us more connected than the internet. we've created access from at&t california households with at least one resident who receives snap or ssi benefits. may qualify for home internet at a discounted rate of $10 a month. no commitment, deposit, or installation fee. visit att.com/accessnow, to learn more.

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>>take a look at this boy scouts are always prepared hopefully and maybe they have a first aid kit, a guy in southern california was arressed while trying to fix his flat tires with band-aids and cause didn't work. police in mission viejo say they got a call about a suspicious man earlier. this week officers found the man here next to the

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car that was parked 2 flat tires. this is 06:00am he was trying to fix them with the medical supply see had the 26 year-old man was arrested because deputies believe he was under the influence of drugs. >>and 3 new jersey and still not over now the go ship trial is in recess until after labor day we're going to chat live with criminal defense lawyer

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>>i back to our developing story tonight all the drama surrounding the go ship trial yet today was the second full day had 3 brand new jurors. yeah that's stunning development earlier this week where 3 jurors were dismissed 3 alternate swear. >>inserted the judge is now allowing attorneys to talk to the media today about certain things after the judge issued a gag order preventing them from doing so in recent days, but now court is adjourned until after the labor day

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holiday joining us now live to talk about the latest happenings is criminal defense attorney paula canny paula thanks again for joining us. you start hearing about these jurors who have flights booked and vacations planned in the month of september. it feels to the layman like this is a full blown scheduling nightmare. >>it is a full blown scheduling nightmare to the judge and salt the juror to all the parties involved often this litigation. it is a nightmare. it is really unheard of for there to be a 2 week break in jury deliberations. it's also unheard of to removed 3 jurors after 10 days of deliberations. so really by the time the jury reconvenes to begin deliberations anew it will have been on line since the case was given to the jury so yes that is unheard of and yes, it is the scheduling

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nightmare. >>paula we heard from our has a quite unit has you know at the trial every day we got an email from him saying that they might actually have a verdict. today and the stand how could that there be such a thing just 2 days just because they want to get the job done or obviously that didn't happen. >>i mean again as we've discussed and for example scott peterson case jurors were removed the 2 alternates were real replace them. juror. and then the jury had a verdict within. artists that they deliberate and new they don't have to engage in the same process that that early jury had engaged in so they don't have to do what the early and the earlier group of 12 did an e it's after its after court time it's almost you know it's 6 o'clock there

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i think that the jury had. but as i'm sure the insurers said oh my goodness if we don't reach a verdict today we have to come back on september 3rd county reach a bird and clearly they were not able to so they'll be back on september 3rd. >>the human nature would suggest that you take this long break until after labor day and then maybe you're going to have to refresh some people's memories a little bit about some of the specifics, especially those 3 jurors who were just inserted this week. picture paul when you read the tea leaves does all of disruption if you will benefit either the prosecution or the defense at all. >>in terms of all all that could possibly happen at this point since there's no conviction clearly this is benefiting the defense. if there's all the motley a

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conviction that it benefit the prosecution and terms up all of that you say human nature, it's lately possible on a cop. tony re read said that he got. or maybe after up a couple weeks them well of jelled an individual's people's minds about. you know how they want to vote. the other thing that sort of going on you all right. the gag order that be attorneys can't discuss what was discussed in closed session and the 3rd thing though is the judge kids of the soldier. 2 are going to be disciplined for breaking up. it's a misdemeanor device. i laid a judge's order percent stake could beat the rap prosecuted. contempt initiated

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against some and even in guard. it's going to be messy you know what half. the all the respective juror in. i can them forced to answer for questions. and still they air on the basis of their discipline their testimony i doubt seriously enybody thought to read them there and iraq. so those 3 jer. and well-being need an attorney i mean it's pretty big instance, the mass, wow. >>all right well, the good news here paul is we can all give our brains just a few days off until a until after labor day so thanks for the update will be checking back with you. >>all right, thanks vicki, thanks grant. >>you paul coming up next on the news at 5 we'll show you the new push from the department of transportation

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>>maybe a little you drive differently and that is the message of that million dollar campaign ad by the department of transportation to try to keep the road safe, keep them safe from impaired driver says that works according to the numbers the weeks leading up to labor day those are among the deadliest for people out there on the roads. >>but as kron four's washington correspondent trevor shirley reports for us tonight. alcohol is not the only problem that authorities are up against. >>if you haven't seen them yet you probably will soon ads like this one, if you feel different. you drive different are the backbone of a million campaign by the department of transportation to stop impaired driving leading up to labor day. >>it's really important that we continue to get this message out because we're still losing so many lives to this issue. >>jamie fister of the national highway traffic safety

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administration says statistically the weeks leading up to and including labor day are among the deadliest on us roads and the whole point is to reduce the risk of impaired driving crashes and fatalities. >>she said don't worry mom i crossed in cross walks i stay on the bike path. i love you i'll be right back. and that was the last i saw of her. >>helen whitney's daughter was killed by a drunk driver while she was rollerblading back in 2000 when he is now the president of mothers against drunk driving and supports the ad campaign's effort to educate beyond just alcohol. >>and drug driving as it is legalized in some places is a huge emerging issue. in fact according to a survey by mid as many as 12% of weekend nighttime drivers test positive for marijuana. >>impairment is impairment and we want to prevent those folks. >>better feeling different from getting behind the wheel of a car. >>and for drivers who don't get that message. its officials say their campaign is backed up by boots on the

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ground in washington, i'm trevor shirley. anything that helps. les hope so. >>that wraps up kron 4 news at 5 thanks for being with us this hour we'll see back here tonight for kron 4 news at 9 in prime time in the meantime we'll turn it over to ken wayne and pam moore who are here with the news at 6 grant and vicki thanks to both coming up next at 6 o'clock the san francisco district attorney had claimed they fiercely advocated for a suspect to stay behind bars but new documents show that is not the case what actually happened in court how the growing homeless population in the east bay is putting a strain on firefighters during the height. >>of fire season, the news at 6 is next. ♪ you know when you're at ross

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>>tonight at 6 a san francisco

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district attorney's office has said that they fiercely advocated for keeping this homeless man behind bars because of this attack. but now new court documents tell a different story good evening, everybody i'm pam moore and i'm ken wayne kron four's dan kerman joins us live to explain what actually happened in court and. well the da's office did argue that the man should not be released. but it was hardly a fierce advocate son of that statement. >>the victim telling us last week that she was assured by prosecutors what they did all they could to keep austin vincent behind bars during that initial hearing on tuesday. and now we've received the a transcript of that initial arraignment, and it doesn't seem like there was a fierce advocacy of that belief. it was during a court hearing on friday. when the district attorney's office admitted. >>no they possess this video of the beale street attack. they chose not to show it or even mention it to a judge during the initial arraignment